A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Sungnam Branch of Suwon District Court on November 1, 2007; on September 3, 2008, for the same crime, a fine of KRW 2.5 million for the same crime, etc. on September 3, 2008; on May 20, 2009, the Defendant was sentenced to a suspended sentence of KRW 1 million for six months for the same crime, etc. on May 20, 2009; on January 26, 2012, the Defendant was issued a summary order of KRW 3 million for the same crime from the Chungcheong Branch of Chungcheong District Court on March 25, 2016; and on March 25, 2016, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 1 driven an EM5 vehicle under the influence of alcohol concentration of approximately 0.245% (applicable of the above dmark value) in the section of about 150 meters from the road of the 150th day to the road in front of the same D apartment, around April 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); 1. Consent to blood collection and written confirmation;

1. An accident scene photograph;

1. A survey report on actual conditions;

1. Statement made by the police with regard to F;

1. - Written appraisal of alcohol during blood;

1. The above dmark formula (the time of measurement after control);

1. Blue boxes and video CDs;

1. Criminal records: References to inquiries, investigation reports (report attached to a summary order, etc. of the same kind of power), application of statutes, such as a summary order of the same kind of power;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts are very high to the level of alcohol content by 0.245% during the reasons for sentencing (the choice of imprisonment). The degree of alcohol content among the blood in wartime during the war with the previous drinking driving is 0.139%, 0.1%, and 0.191%. The driving of alcohol has the history of five times or more, including two times before and after the suspension of the execution of imprisonment due to driving of alcohol. After the termination of the suspension of the execution period due to driving of alcohol.